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Flanders residents press ZBA and town on sand‑pit recycling site; board sets longer review and submissions schedule
Summary
The ZBA heard an appeal from Markar Holdings (CMM Landscape) seeking to overturn a stop‑work order at 1021 Flanders Road. Applicant argued Part 360 registrations and a 2011 certificate of occupancy authorize current operations; neighbors described dust, odor, noise, and safety risks and the board set a written‑submission schedule and continued the hearing to October 15.
Markar Holdings LLC appealed a stop‑work order for 1021 Flanders Road, a former sand mine where the current operator performs soil screening, concrete crushing, mulching and composting. Attorney Lisonbee LaPointe said a 2011 certificate of occupancy and a chain of Part 360 registrations support the site's continued use for these activities and pledged to submit a formal memorandum and documentary record to the board.
Residents from Flanders gave repeated, sometimes emotional testimony alleging persistent odor, airborne dust, night and early‑morning crushing and grinding, extended truck hours and concerns about well water and fire risk at large mulch piles. Elaine Feerick told the board, "The site emits a persistent rancid odor, which I understand comes from composting operations on the property." Multiple neighbors described houses shaking during crushing and concerns about runoff and a pond and said the recent intensity of operations began after 2024 ownership change.
Given the volume of public concern and the complexity of the legal arguments about whether Part 360 activities are "co‑located commercial activities" protected under the 2011 certificate of occupancy, the board asked the applicant to provide a detailed legal memorandum, DEC registration and reporting records, aerial imagery, and affidavits. The board scheduled further submissions (deadline Sept. 11) and continued the hearing to Oct. 15 to allow staff review and planning department input; the applicant agreed to explore interim mitigation and immediate safety measures where possible.
